Title
Villar vs. Inciong
Case
G.R. No. L-50283-84
Decision Date
Apr 20, 1983
Employees disaffiliated from union, faced expulsion and termination under CBA's union security clause; court upheld dismissal, affirming parent union's authority and retroactive CBA application.

Case Summary (G.R. No. L-50283-84)

Procedural Background

• 1967–1977: Amigo Employees Union-PAFLU holds a collective bargaining agreement (CBA) with Amigo Manufacturing, set to expire February 28, 1977, containing a closed-shop clause.
• January 5, 1977: A minority group of employees files, through the Federation of Unions of Rizal (FUR), a petition for certification election. PAFLU opposes and the petition is withdrawn.
• February 7, 1977: The same minority executes a resolution disaffiliating themselves from PAFLU, declares the local union independent, and authorizes petitioner Villar to file for certification as an independent Amigo Employees Union.
• February 9, 1977: Villar files a petition for certification election; the Med-Arbiter dismisses it for lack of requisites and pending CBA.

Intra-Union Proceedings and Expulsion

• February 14–15, 1977: PAFLU convenes a trial committee under its constitution to investigate the petitioners for disaffiliation, libel, and sowing division.
• March 15, 1977: PAFLU’s national president renders a decision expelling nine petitioners (all except Felipe Manlapao) from the Amigo Employees Union-PAFLU and requests the employer to terminate them pursuant to the closed-shop clause.
• March 28, 1977: PAFLU denies petitioners’ appeal and formally demands the employer enforce the security clause.

Administrative and Judicial Actions

• April 25–29, 1977: Petitioners file a complaint with preliminary injunction before Regional Office No. 4 (RD-4-4088-77-T) to set aside PAFLU’s expulsion decision and enjoin termination. Amigo Manufacturing applies for clearance to terminate under union security (T-IV-3549-T) and places petitioners on preventive suspension.
• October 14, 1977: Officer-in-Charge of Regional Office No. 4 grants clearance to terminate and dismisses the preliminary injunction petition.
• February 15, 1979: Deputy Minister Amado Inciong affirms the Regional Office decision on certiorari review.
• Petitioners elevate to the Supreme Court, raising: (A) violation of freedom of association; (B) improper application of PAFLU’s constitution over local by-laws; (C) retroactive enforcement of the new CBA’s security clause.

Supreme Court Ruling and Legal Reasoning

  1. Closed-Shop Validity and Freedom of Association
    – The Court reaffirms that closed-shop provisions are a valid form of union security and do not breach constitutional freedom of association under the 1973 Constitution.
  2. Authority of Mother Union and Due Process
    – By affiliating with PAFLU, the local union and its members become bound by PAFLU’s constitution and by-laws. Jurisprudence (Amador Bolivar v. PAFLU) treats the affiliation charter as an enforceable contract.
    – The petitioners were duly notified, afforded opportunity to be heard, and thus received due process.
  3. Intra-Union Dispute Exception
    – The rule requiring exhaustion of local by-laws on intra-union disputes does not apply when the accusers constitute the very board that would judge the case, rendering the internal remedy illusory (Kapisanan ng mga Manggagawa sa MRR v. Hernandez).
  4. Minority Action and Registration Defect
    – Petitioners, as a minority, lacked authority to disaffiliate the local union; majority members remaine

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